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DRC Reso 120ASA -2003-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 120 OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE REVIEW OF A LANDSCAPING PLAN FOR AN EXISTING OFFICE BUILDING. .SECTION I: PROTECT DESCRIPTION Application No.: ASA -2003-04 Applicant: Stargazer's Group Location: 10062 Miller Avenue SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposal is consistent with the purposes of this chapter, the General Plan, and zoning ordinance; 3. The project allows for variety in housing opportunities within the community while maintaining the existing neighborhood character; 4. Abrupt changes in building scale is avoided and a gradual transition related to height and bulk is achieved; 5. Design harmony between new and existing buildings is protected through the use of consistent or compatible design and color schemes; 6. The new development is designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. Resolution No. 120 ASA -2003-04 September 17, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application ASA -2003-04 set forth in the Minutes of the Design Review Committee meeting of, September 17, 2003, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT This approval is based on the landscaping design in the plan set entitled "Office Building Expansion, 10062 Miller Ave, Cupertino, Ca" by Todd Kalbfeld Landscape Design dated November 2002 submitted to the Design Review Committee on September 17, 2003, as amended by this resolution. 2. TRASH ENCLOSURE The proposed trash enclosure shall be enlarged to be able to house the following: 1- 3 yard garbage bin (4' x 7') 1- 3 yard cardboard bin (4' x 7) 3 - 96 gallon toters for recycling (2.5' x 3') In addition, a roof is required over the trash enclosure. The interior height of the enclosure must be a minimum of 9 feet and there must be 1.5 feet between the containers to allow access to the bins. 3. PERMEABLE PAVERS Permeable interlocking pavers must be used over the new bicycle parking area. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 - day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 120 ASA -2003-04 September 17, 2003 Page 3 PASSED AND ADOPTED this 17th day of September 2003, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Commissioner Wong and Chairperson Saadati NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: / s / Ciddy Wordell Ciddy Wordell City Planner APPROVED: /s/ Taghi Saadati Taghi Saadati, Chairperson Design Review Committee 12